43 Amendments of Jeanine HENNIS-PLASSCHAERT related to 2008/0147(COD)
Amendment 45 #
Proposal for a directive – amending act
Recital 1
Recital 1
(1) The promotion of sustainable transport is a key element of the common transport policy. To this end, the negative impacts of transport, in particular congestion, which impedes mobility, pollution, which creates health and environmental damage, and its contribution to climate change must be reduced. Moreover environmental protection requirements must be integrated into the definition and implementation of other Community policies, including the common transport policy.
Amendment 54 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to move towards a sustainable transport policy, transport prices should better reflect the costs related to traffic- based air pollution, traffic-based noise pollution, climate change and congestion caused by the actual use of vehicles, trains, planes or ships as a means of optimising the use of infrastructure, reducing local pollution, managing congestion and fighting against climate change at least cost for the economy. This calls for a stepwise approach in all transport modes, taking into account their particular characterguarantee that there will be no discrimination between different modes of transport by promoting an approach based on the simultaneous internalisaticson of external costs in all modes of goods transport.
Amendment 74 #
Proposal for a directive – amending act
Recital 8
Recital 8
(8) The costs of traffic-based air and noise pollution and congestion, such as health costs, including medical care, crop losses and other loss of production, and welfare costs, are borne within the territory of the Member State in which the use of transport takes place. The polluter pays principle will be implemented through the external cost charging and this will also contribute to the reduction of external costs.
Amendment 88 #
Proposal for a directive – amending act
Recital 14
Recital 14
(14) Tolls based on distance travelled should be allowed to include an external cost element based on the cost of traffic- based air and noise pollution. Furthermore, on roads that are usually congested and during peak periods congestion costs which are mostly borne at local level should also be allowed to be recovered through the external cost charge. The external cost element included in tolls should be allowed to be added to the cost of infrastructure, provided that certain conditions are respected in the calculation of costs so as to avoid undue charging.
Amendment 101 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) To better reflect the cost of traffic- based air and noise pollution, and congestion, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods and night period.
Amendment 105 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) The smooth functioning of the internal market requires a Community framework in order to ensure that road charges set on the basis of the local cost of traffic-based air and noise pollution and congestion are transparent, proportionate and non-discriminatory. This requires common charging principles, calculation methods and unit values of external costs based on acknowledged scientific methods together with mechanisms for notifying and reporting tolling schemes to the Commission.
Amendment 117 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) In order to give the precedence to the construction of priorityroad projects of European interestaiming to reduce at source the external impact of road use on the section of the road on which the tax is levied, Member States which have the possibility of applying a mark-up should use this option before levying an external cost charge. To avoid an undue charging of users, an external cost charge should not be combined with a mark-up unless the external costs exceed the amount of the mark-up already levied. In such a case, it is thus appropriate that the amount of the mark-up should be deducted from the external cost charge.
Amendment 122 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) Where differentiated external cost charges are levied, a variation in the infrastructure charge for the purpose of reducing congestion, optimising the use of the infrastructure, minimising infrastructure damage or road safety would represent an undue burden on certain categories of users and should accordingly be precluded.
Amendment 131 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) For reasons of legal clarity, it should be specified where regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality are permitted.
Amendment 136 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) In accordance with the transport policy objectives of this Directive, the additional revenue generated from an external cost charge should be used for projects with a broad Community interest and designerelated to road transport and that aim to reduce its external impact, to reinforce road safety and to promote sustainable mobility at large. Such projects should therefore relate to facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of road vehicles, and developing alternative infrastructure for transport usersor improving road infrastructure. It includes, for example, research and development on cleaner vehicles and the implementation of the transport part of the action plans under Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise, which may comprise measures to mitigate traffic-based noise and air pollution around large infrastructure and in agglomerations. Earmarking this revenue does not release Member States from the obligation laid down in Article 88(3) of the Treaty to notify the Commission of certain national measures, nor does it prejudge the outcome of any procedures initiated under Articles 87 and 88 of the Treaty.
Amendment 146 #
Proposal for a directive – amending act
Recital 26
Recital 26
(26) A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, including of the fuel used by heavy goods vehicles. In the light of this progress, the question of carbon dioxide emissions should be included and an analysis of any other further appropriate actions should be continued.
Amendment 147 #
Proposal for a directive – amending act
Recital 26
Recital 26
(26) A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, including of the fuel used by heavy goods vehicles. In the light of this progress, the question of carbon dioxide emissionsThis assessment should bealso included and an analysis of any other further appropriate actions should be continued progress report on the internalisation process for all modes of transport.
Amendment 152 #
Proposal for a directive – amending act
Recital 27
Recital 27
(27) Article 55(2) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 provides that the revenue generated by charges borne directly by users must be considered in the determination of the funding-gap in the case of a revenue- generating project. However, since the revenue generated by an external cost charge is earmarked for projects aimed at reducing road transport pollution at the source, mitigating its effects, improving CO2 and energy performance of vehicles, and developing alternative infrastructure for transport usersor improving road infrastructure, it should not be considered in the calculation of the funding-gap.
Amendment 182 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e
Article 2 – point b e
Amendment 225 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7a – paragraph 1 – subparagraph 1
Article 7a – paragraph 1 – subparagraph 1
1. User charges shall be in proportion to the duration of the use made of the infrastructure and shall be available for the duration of a day, week, month and a year. In particular, the annual rate shall be no less than 80 times the daily rate, the monthly rate shall be no lessmore than 13 times the daily0% of the annual rate and the weekly rate shall be no lessmore than five times the daily2.7% of the annual rate.
Amendment 243 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.
Amendment 250 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested provided that equivalent charging is applied to other road sectors causing congestion.
Amendment 259 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 1
Article 7c – paragraph 1
1. The external cost charge shall vary according to the type of road and EURO emission class, and also according to the time period in cases where the charge includes the cost of congestion or traffic- based noise pollution.
Amendment 273 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – introductory part
Article 7e – paragraph 1 – introductory part
1. In exceptional cases concerning infrastructure in mountainous regions, and after informing the Commission, a mark-up may be added to the infrastructure charge levied on specific road sections which are subject to acute congestion, or the use of which by vehicles is the cause of significant environmental damage, on condition that:
Amendment 276 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – point a
Article 7e – paragraph 1 – point a
(a) the revenue generated from the mark-up is invested in financing the construction of priority projects of European interest, identified in Annex III to Decision No 1692/96/EC, which contribute directly to the alleviation of the congestion or environmental damage and which are located in the same corridor as the road section on which the mark-up is appliedr improvement of road infrastructure projects located in the same corridor as the road section on which the mark-up is applied and which contribute directly to the alleviation of the external impact of road use on the said road section;
Amendment 278 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – point b
Article 7e – paragraph 1 – point b
(b) the mark-up does not exceed 15% of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7d except where the revenue generated is invested in cross-border sections of priority projects of European interest involving infrastructure in mountainous regions, in which case the mark-up may not exceed 25%;
Amendment 293 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 3 – introductory part
Article 7f – paragraph 3 – introductory part
3. Tolls which comprise only an infrastructure charge may also be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, on condition that:
Amendment 301 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 3 – point c
Article 7f – paragraph 3 – point c
(c) no toll is more than 1050% above the toll charged during the cheapest period of the day, type of day or season.
Amendment 350 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
1a. This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any urban road located in a built uproad, notably in urban areas, including trans-European road network roads crossing an urban area.
Amendment 354 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
1a. This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any urban road located in a built up area.
Amendment 364 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external cost charge is levied shall ensure that the revenue generated by the charge is earmarked for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicles, and developing alternative infrastructure for transport usersor improving road infrastructure.
Amendment 375 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a wholeIn order to achieve the dual of objective of clean and efficient road transport systems, revenue from charges shouldall be used to benefit the road transport sector and optimise the entireroad transport system.
Amendment 418 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) the possibility of adopting a revised classification of vehicles for the purposes of varying tolls taking into account the average impact on the environment, congestion and infrastructure, their CO2 and energy performance, and the practical and economic feasibility of levying and enforcing tolls; and
Amendment 432 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 1 – subparagraph 2 – bullet point 1
Annex IIIa – point 1 – subparagraph 2 – bullet point 1
vehicles’ use of the roads where the external cost charge is applied generates environmental damage and congestion higher than that generated on average on other parts of the road infrastructure network that are not subject to an external cost charge, or
Amendment 440 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 2
Annex IIIa – point 2 – subparagraph 2
Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period and to the various daily, weekly or seasonal peak periods during which a higher external cost charge may be imposed to reflect greater congestion or greater noise annoyance.
Amendment 445 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 3
Annex IIIa – point 2 – subparagraph 3
The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, and the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic and the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths). The criteria used shall be included in the notification.
Amendment 447 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 3
Annex IIIa – point 2 – subparagraph 3
The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic and the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths). The criteria used shall be included in the notification.
Amendment 450 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 1
Annex IIIa – point 3 – subparagraph 1
For each vehicle Euro class, type of road and time period, the independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, openly published and available to all users on equal terms.
Amendment 451 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 3
Annex IIIa – point 3 – subparagraph 3
The charge shall also be set after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and solutions to mitigate these risks.
Amendment 455 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 4
Annex IIIa – point 3 – subparagraph 4
The independent authority shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport and in relieving congestion where it is applied. It shall regularly adjust the charging structure and the specific amount of the charge set for a given class of vehicle, type of road and period of time to the changes in transport demand.
Amendment 459 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 4
Annex IIIa – point 3 – subparagraph 4
The independent authority shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport and in relieving congestion where it is applied. It shall regularly adjust the charging structure and the specific amount of the charge set for a given Euro class of vehicle, type of road and period of time to the changes in transport demand.
Amendment 464 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – title
Annex IIIa – point 4 – point 4.1 – table 1 – title
Table 1: AirMaximum pollution cost ofharge per vehicle (PCV)
Amendment 489 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – directly after table 1 (new)
Annex IIIa – point 4 – point 4.1 – directly after table 1 (new)
The values in Table 1 are maximum amounts which shall apply to any vehicle in a given class
Amendment 498 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – table 2 – title
Annex IIIa – point 4 – point 4.2 – table 2 – title
Table 2: Chargeable noise cost ofMaximum noise charge per vehicles (NCV)
Amendment 503 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – directly after table 2 (new)
Annex IIIa – point 4 – point 4.2 – directly after table 2 (new)
The values in Table 2 are maximum amounts which shall apply to any vehicle in a given class
Amendment 509 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3
Annex IIIa – point 4 – point 4.3
Point 4.3 is deleted
Amendment 519 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – table 3 – title
Annex IIIa – point 4 – point 4.3 – table 3 – title
Table 3: ChargeableMaximum congestion cost ofharge per vehicles (CCV)
Amendment 523 #
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – directly after table 3 (new)
Annex IIIa – point 4 – point 4.3 – directly after table 3 (new)
The values in Table 3 are maximum amounts which shall apply to any vehicle in a given class